Privacy Policy

MarketCast Group Privacy Notice

Effective Date:  [August 3, 2018]

Last Updated:  [August 3, 2018]

 This Privacy Notice describes the information practices of MarketCast LLC, MarketCast UK Limited, and our affiliated companies (collectively, “MarketCast Group” or “we” and “our”) in respect of the Services.

When we use the term “Services” we mean to refer collectively to:

  • The website www.marketcastgroup.com and any other websites or mobile applications that we own and operate that link to or expressly adopt this Privacy Notice (the “Sites”);
  • Our marketing activities including when we send emails, conduct business development activities, host marketing events, and engage in online and direct marketing  (“Marketing Activities”); and
  • The focus group activities we undertake during which we may seek out and bring individuals together for purposes of conducting market research (“Focus Groups”).

This Privacy Notice does not apply to the surveys we conduct online.  We maintain a separate Survey Privacy Notice  that applies to processing of Personal Data in connection with our online surveys.

 

INFORMATION WE COLLECT

LEGITIMATE INTERESTS IN PROCESSING PERSONAL DATA

HOW WE SHARE AND DISCLOSE PERSONAL DATA

COOKIES

CHILDREN’S PRIVACY

SECURITY OF PERSONAL DATA

HOW TO UPDATE YOUR INFORMATION AND DATA RETENTION

MANAGING COMMUNICATION PREFERENCES

LINKS TO OTHER WEBSITES

UPDATES TO THE PRIVACY NOTICE

CONTACT US

REGION-SPECIFIC DISCLOSURES

 

1.   INFORMATION WE COLLECT

 

“Personal Data” means any information that can be used to identify you, directly or indirectly, as an individual person.  We collect Personal Data about you through Services, including data provided by you and data we obtain from third parties.

(a) Data Provided By You

We collect Personal Data that you provide to us through or in connection with the Services or that you give to us in another way.  For example:

When you register or communicate with us through the Sites, we process:

  • Contact information, such as your name, email address, and telephone number
    • Purpose: To authenticate you as a user and communicate with you
    • Legal Basis: Legitimate interests; your consent where we ask for it; and to process transactions requested by you and meet our contractual obligations
  •  When you apply for a job with us, we process:
    • employment application information, including contact information, employment and education history, and other information you include in your CV/resume or application materials
      • Purpose: To process and evaluate job applications you submit through the Sites and to communicate with you about your job applications and requests
      • Legal Basis: Legitimate interests; your consent where we ask for it
  •  When we undertake Focus Groups, we process:
    • contact information, such as your name, address, email address, and telephone number. We also may process social media information as well as images and videos from your participation in the groups.
      • Purpose: To have you participate in a Focus Group, or to evaluate whether a particular Focus Group is right for you, to communicate with you and to otherwise conduct the market research purpose of the particular Focus Group.
      • Legal Basis: Legitimate interests; your consent where we ask for it
  • When you contact us on the phone or through email, text, or chat, we process:
    • the inquiries or reports you make and the content of your voice messages to us
      • Purpose: To authenticate you as a user and communicate with you
      • Legal Basis: Legitimate interests; your consent where we ask for it; and to process transactions requested by you and meet our contractual obligations

(b) Data We Obtain from Third Party Sources

We collect Personal Data from the following third party sources.

Business Partners and Service Providers:  We collect Personal Data from our service providers and business partners in connection with evaluating candidates for employment, as well as when conducting Marketing Activities and Focus Groups.

  • Purpose: To identify potential employment candidates, coordinate events and programs, conduct our Focus Groups, identify prospective customers, and conduct market research, Marketing Activities, and analytics
  • Legal Basis: Legitimate interests; your consent where we ask for it

Publicly Available Sources: We collect Personal Data about you that we do not otherwise have (including contact information, employment-related information and product interest information) from social media platforms (for example, Facebook, Twitter, and Instagram) and other publicly available databases.

  • Purpose: To conduct market research to help us understand trends and customer needs across product categories or customer groups, allow you to create and maintain customer profiles, analyze your interactions with us, present customized offers, and improve our products, services, programs, events, and other offerings
  • Legal Basis: Legitimate interests; your consent where we ask for it

 

2.   LEGITIMATE INTERESTS IN PROCESSING PERSONAL DATA

 

In addition to the above described purposes for the processing of Personal Data, we also process Personal Data for the following legitimate interests.

  • To operate our business and deliver the Services
  • To process and complete your transactions including, as applicable, order confirmation, registration for our programs or events, product selection assistance, and delivering products, programs, events, or services
  • To conduct market research and Focus Groups
  • To communicate with you about programs, products, or services we believe may be of interest to you
  • To tailor our products and services to you and your computer or mobile device
  • To allow you to participate in interactive features of our Services, when you choose to do so
  • To conduct market research to help us understand trends and customer needs across product categories or customer groups, allow you to create and maintain customer profiles, analyze your interactions with us, present customized offers, and improve our products, services, programs, events, and other offerings
  • To process and evaluate job applications and communicate about job applications and requests
  • To prevent, investigate, or provide notice of fraud, unlawful or criminal activity, or as otherwise required by law
  • To enforce our Terms of Use and other agreements

 

3.   HOW WE SHARE AND DISCLOSE PERSONAL DATA

 

We share Personal Data in the following ways.

  1. Within MarketCast Group: We share Personal Data within MarketCast Group for purposes and uses that are consistent with this Privacy Notice.  For example, sharing Personal Data about you to facilitate communication between you and MarketCast Group and coordinate necessary data retention.
  2. Service Providers: We share Personal Data with third-party service providers who complete transactions or perform services on our behalf, such as payment processing, shipping, processing employment applications, coordinating events and conferences, facilitating seminars and training courses, collecting survey responses, conducting marketing, market research, analytics, and verification.
  3. Website and Hosting Providers: We use multiple web hosting providers to host our Services.  In connection with providing those Services, our web hosting providers have access to Personal Data about you collected through the relevant Service and may use the information consistent with the terms of its privacy notice.
  4. Legal Process, Safety and Terms Enforcement: We may disclose Personal Data to governmental regulatory authorities in response to their requests for such information or to assist in investigations. We may also disclose Personal Data to third parties in connection with claims, disputes or litigation, when otherwise required by law, or if we determine its disclosure is necessary to protect the health and safety of you or us, to protect against fraud or credit risk, or to enforce our legal rights or contractual commitments that you have made.
  5. Business Transfers: We may disclose Personal Data as part of a corporate business transaction, such as a merger, acquisition, joint venture, financing, or sale of company assets and may transfer Personal Data to a third party as one of the business assets in such a transaction. It may also be disclosed in the event of insolvency, bankruptcy, or receivership.

 

4.   COOKIES

 

We use technologies to collect data automatically through the Sites and in connection with our Marketing Activities.  Examples of these technologies include the following.

  • Logging: We gather certain information automatically through the Sites and store it in log files. This information includes your IP address, approximate location, browser type, operating system, internet service provider, the pages you visited, clickstream data, and time and date of visit.
    • Purpose: To maintain the security of our Services, for fraud detection, and to protect our rights, as well as to offer you certain location-based services, such as delivering advertisements that are relevant to your particular location, and to conduct analytics to improve the Services
    • Legal Basis: Legitimate interests; your consent where we ask for it

 

  • Cookies, Analytics and Other Data Collection Tools: We and third parties we work with use cookies, web beacons, local shared objects (or Flash cookies), and similar tools to collect and store data about your preferences and how you interact with our Services.
    • Purpose: To manage and measure our Sites and Marketing Activities and to collect data about your activities online over time and across different websites and social media channels
    • Legal Basis: Legitimate interests; your consent where we ask for it

To exercise choices you have for certain cookies, you can review your Internet browser settings, typically under the sections “Help” or “Internet Options”. If you disable or delete certain cookies in your settings, you may not be able to use features of the Sites.

And to learn more about the use of data collection technologies by Google for analytics and to exercise choice regarding those technologies, please visit the Google Analytics Opt-out Browser Add-on.

We support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance (“DAA”).  To learn more about certain third-party cookies used for interest-based advertising, including through cross-device tracking, and to exercise certain choices regarding such cookies, please visit the Digital Advertising AllianceNetwork Advertising InitiativeDigital Advertising Alliance-CanadaEuropean Interactive Digital Advertising Alliance or your device settings if you have the DAA or other mobile app.  Please note that these opt-outs are device- and browser-specific and may not work on all devices. If you choose to opt-out through any of these opt-out tools, this does not mean you will cease to see advertising. Rather, the ads you see will not be based on your interests.

 

5.   CHILDREN’S PRIVACY

 

Our Sites are not directed to, and we do not intend to or knowingly collect Personal Data online from, children under the age of majority in the countries where the Sites are accessed and used.  If you are under the age of under the age of majority in your country, do not provide us with any Personal Data either directly, on any website forums, or by other means.

In cases where have parental permission, we may have children participate in our Focus Groups, for example, to evaluate help us evaluate a particular toy, show or movie.

If you learn that a child has accessed or used the Services without parental permission, please contact us as set forth in the Contact Us section below.

 

6.   SECURITY OF PERSONAL DATA

 

We strive put in place measures to protect the Personal Data that we process in connection with the Services.  However, we cannot 100% guarantee the security of Personal Data that we process in connection with our business, or that your Personal Data will not be unlawfully accessed by third parties. You can also take additional measures to protect yourself and your information, such as keeping confidential log-in credentials and passwords.

 

7.   HOW TO UPDATE YOUR INFORMATION AND DATA RETENTION

 

You may contact us to update information we have about you as set forth in the Contact Us section below.  We will retain Personal Data for as long as necessary for the purposes set out in this Privacy Notice (for example, if you have an account, for as long as your account is active or as reasonably useful for commercial purposes).

 

8.   MANAGING COMMUNICATION PREFERENCES

 

If you have opted in to our marketing communications (or where permitted by law, if you have provided us or we have obtained your contact information), we may send you email messages, direct mail offers, push notifications, or other communications regarding products or services depending on the method of communication selected.  You may ask us not to do so when you access our Services or change your preferences by updating any accounts you have with us. At any time, you may elect to discontinue receiving commercial messages from us by following the unsubscribe instructions in the form of the communication you received or by submitting an opt-out request to the contact information set forth in the Contact Us section below.

 

  1. Printed Materials: To opt out of receiving printed marketing materials at your postal address, such as advertisements, flyers, or postcards, please submit an opt-out request to the contact information set forth in the Contact Us section below. Please be sure to include your name and mailing address exactly as they appear on the printed marketing materials you received.
  2. Emails: To opt out of receiving marketing communications via email, please click on the unsubscribe link at the bottom of the email that was sent to you or submit an opt-out request to the contact information set forth in the Contact Us section below. Please note that you may continue to receive certain transactional or account-related electronic messages from us.

 

9.   LINKS TO OTHER WEBSITES

 

Some of our Services contain links to websites and digital services operated by third parties.  This Privacy Notice does not apply to these websites.

Our Services also include features like buttons and widgets hosted by other companies (for example, the Facebook “Like Page” button).  Some of these features collect Personal Data or other information such as your IP address and your actions on our Services.  This Privacy Notice does not apply to the practices of these third parties. We encourage you to review the privacy notices of those third parties to learn about their personal data and privacy practices.

 

10. UPDATES TO THE PRIVACY NOTICE

 

We may update this Privacy Notice from time to time, and in our sole discretion and the most recent effective date will be indicated at the top of the Privacy Notice. MarketCast Group encourages visitors to frequently check this page for any changes to this Privacy Notice.

 

11. CONTACT US

 

If you have any questions or comments about this Privacy Notice or other privacy-related matters, please contact us in the following ways:

[email protected]

 

12. REGION-SPECIFIC DISCLOSURES

 

If you are located in the European Economic Area (“EEA”), these following additional disclosures apply to the processing of your Personal Data.

  • Data Subject Rights.  Upon request, we will provide you with information about whether we hold any of your Personal Data, along with any details required to be provided to you under applicable law. In certain cases, you may also have a right to:
    • Rectify any of your Personal Data that is inaccurate;
    • Restrict or limit the ways in which we use your Personal Data;
    • Object to the processing of your Personal Data;
    • Request the deletion of your Personal Data; and
    • Obtain a copy of your Personal Data in an easily accessible format.

 

To submit a request, please contact us as set forth in the Contact Us section above. We will respond to your request within a reasonable timeframe.

You have the right to lodge a complaint with your national data protection authority (i.e., supervisory authority, http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm).

You also have the right to withdraw your consent to our processing of your Personal Data, to the extent we rely on consent as our legal basis for processing that data, subject to certain exceptions. You can do this by contacting us as set forth in the Contact Us section above and requesting that your Personal Data be deleted.

Please note that, in certain cases, we may continue to process your Personal Data after you have withdrawn consent and requested that we delete your Personal Data if we have a legal basis to do so.  For example, we may retain certain information if we need to do so to comply with an independent legal obligation.

  • Data Retention.  We retain Personal Data for as long as necessary to carry out the purposes of processing described in this Privacy Notice, unless a longer period is required under applicable law or is needed to resolve disputes or protect our legal rights, in accordance with the principles set forth in Article 5(1) of the EU’s General Data Protection Regulation.  The criteria used to determine the period for which personal data about you will be stored varies depending on the legal basis under which we process such personal data:

 

Legitimate Interests For a reasonable period of time based on the particular interest, taking into account the fundamental interests and the rights and freedoms of the data subjects.
Contractual Necessity For the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the limitation period for legal claims that could arise from the contractual relationship.
Consent For the period of time necessary to fulfill the underlying agreement with you, subject to your right, under certain circumstances, to have certain personal data about you erased (see Data Subject Rights section above).

 

We may face any threat of legal claim and in that case, we may need to apply a “legal hold” that retains information beyond our typical retention period.  In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved.

  • Transfers of information across borders.  Any information that you provide to us is stored and processed in, and transferred between, any of the countries in which MarketCast Group, contractors and affiliated organizations have offices, in order to enable us to use that information as set out in this Privacy Notice. This includes countries such as Philippines and the United States. Not all of these countries have data protection laws equivalent to those in force in the EEA. In order to ensure the protection of your Personal Data we have put in place European Commission approved Standard Contractual Clauses between each of the MarketCast Group entities and relevant data processors.